Filing a Wage Complaint for H-1B LCA Violations: What You Need to Know
If your H-1B employer has stopped paying you, placed you at a work location different from the one listed on the Labor Condition Application (LCA), or otherwise violated the terms of your H-1B employment, you have a powerful and cost-free remedy available: filing a complaint with the U.S. Department of Labor's Wage and Hour Division (WHD).
Many H-1B workers are unaware of this remedy. Worse, many suffer in silence because they fear retaliation or losing their immigration status. Neither fear is well-founded. Filing a WHD complaint is free, your identity is protected by law, and federal whistleblower protections specifically shield H-1B workers who report violations.
Why This Matters Beyond Recovering Wages
Before we delve into the specifics, let us note one frequently overlooked benefit of filing a WHD complaint. When you seek to transfer your H-1B to a new employer, extend your status, or change status to another visa category (for example, B-1/B-2 or F-1), the USCIS or the new employer's attorney will typically ask for your pay stubs. If your employer has not been paying you, you obviously cannot produce them. A filed WHD complaint serves as credible, documented evidence that the absence of pay stubs is the employer's fault, not yours. It demonstrates your good faith and your effort to address the situation through proper legal channels. This can be invaluable in establishing that you acted responsibly when the USCIS or an employer questions the gap.
Understanding the LCA and Your Employer's Obligations
When your employer filed an H-1B petition on your behalf, it was required to first obtain a certified Labor Condition Application from the Department of Labor. The LCA is a set of binding promises your employer made to the U.S. government. By signing the LCA, your employer attested, among other matters, that it would:
- Pay you the required wage (the higher of the actual wage paid to similarly employed workers or the prevailing wage for the occupation in the geographic area of employment).
- Employ you at the work location specified in the LCA (or file a new or amended LCA if the location changed).
- Not adversely affect the working conditions of similarly employed U.S. workers.
- Provide you with a copy of the LCA or post notice of the LCA filing at the worksite.
These are not aspirational goals. These are legally enforceable obligations. When your employer fails to pay you, places you at a different work location without amending the LCA, or "benches" you without pay while you wait for a project, it is violating federal law.
Note that your employer's financial difficulties are not a defense. The employer is obligated to pay you the LCA wage from the date you begin working until the date of a bona fide termination. If the employer's bank accounts are frozen because of a loan default, that is the employer's problem, not yours. Similarly, if the end client has not paid the employer, that does not excuse the employer from paying you. The obligation runs from the employer to you, regardless of whether the employer has been paid by its clients.
Common LCA Violations
The following table summarizes the most frequent LCA violations that H-1B workers encounter.
| Violation | Description | Example |
|---|---|---|
| Non-payment of wages | Employer fails to pay the LCA-attested wage, partially or entirely | Employer stops paying salary due to "frozen bank accounts" or "cash flow issues" |
| Benching | Employer fails to pay during periods when no project or work is available | Worker is told to "wait at home" for a project assignment without pay |
| Work location mismatch | Worker is placed at a location different from the one on the LCA without amendment | LCA lists Texas; worker is actually employed at a client site in New Jersey |
| Underpayment | Employer pays less than the prevailing or actual wage attested on the LCA | Worker receives $60,000 when LCA attests $75,000 |
| Improper deductions | Employer makes deductions that reduce pay below the required wage | Deductions for training, visa costs, or "penalty" fees |
| Failure to post LCA notice | Employer does not post or provide the required LCA notice at the worksite | No notice posted at the employer's office or the end-client site |
| Failure to provide LCA copy | Employer does not provide the worker with a copy of the LCA | Worker has never seen the LCA and does not know its contents |
How to File a WHD Complaint
Filing a complaint with the Wage and Hour Division is straightforward and free. Here is what you need to do.
Step 1: Gather your documentation. Collect whatever you have. This could include your H-1B approval notice (Form I-797), offer letter, employment contract, pay stubs (whatever you received), bank statements showing non-payment, emails or messages from the employer acknowledging the non-payment or work location, and the LCA if you have access to it. If you do not have the LCA, the WHD can obtain it from DOL records. Do not let the lack of perfect documentation stop you from filing.
Step 2: Complete Form WH-4. This is the official "Nonimmigrant Worker Information Form" specifically designed for reporting H-1B, H-1B1, and E-3 violations. Download it from the DOL website (link below). Be specific and honest. Describe the violations clearly, with dates, amounts, and facts. For example: "Since October 10, 2025, I have not received any salary. Approximately $30,000 in wages remain unpaid. Additionally, the approved LCA lists Texas as the work location, while I have been working at the client site in New Jersey. No amendment was filed."
Step 3: Submit the form. Mail, fax, or hand-deliver the completed Form WH-4 and all supporting documents to the WHD office that has jurisdiction over your employer's physical location. You can find your nearest WHD office using the link below.
Step 4: Cooperate with the investigation. Once WHD receives your complaint, an investigator will review it and may contact you for additional information. Respond promptly and truthfully. The WHD will request the employer's payroll records, LCA, public access files, and H-1B records for examination.
Benefits of Filing a WHD Complaint
| Benefit | Details |
|---|---|
| Free to file | There is no cost to file a WHD complaint. The process is entirely free. |
| Recovery of back wages | If the WHD finds violations, it will order the employer to pay you all unpaid wages owed. |
| Confidentiality | Your identity is kept confidential to the maximum extent permitted by law, per 5 U.S.C. § 552(b)(7)(D). |
| Whistleblower protections | Federal law prohibits your employer from retaliating against you for filing a complaint. Retaliation includes termination, threats of deportation, reduction in hours or pay, or workplace harassment. |
| Extraordinary circumstances protection | USCIS may consider retaliatory actions by your employer as "extraordinary circumstances" under 8 CFR §§ 214.1(c)(4) and 248.1(b), which can excuse a failure to maintain status that resulted from the employer's misconduct. |
| Penalties against the employer | The employer faces civil money penalties (up to $9,624 per willful violation), potential debarment from the H-1B program (one to three years), and in severe cases, criminal referral. |
| Documentation of good faith | The filed complaint creates an official record demonstrating that the absence of pay stubs is the employer's fault, not yours. This is critically useful for H-1B transfers, extensions, and change-of-status applications. |
| Broader impact | Your complaint protects other H-1B workers at the same employer and contributes to the integrity of the immigration system. |
The One-Year Filing Deadline
A WHD complaint must be filed within 12 months of the date on which the violation occurred. This is a jurisdictional bar. For ongoing violations, like non-payment of wages, the clock typically runs from the most recent date on which the employer failed to pay. However, do not wait until the deadline approaches. File as soon as you become aware of the violation. Notably, the regulation provides that where a complaint is timely filed, back wages may be assessed for a period prior to one year before the filing. See 20 CFR § 655.806(a)(5).
Protecting Your Immigration Status: What to Do Simultaneously
Filing a WHD complaint addresses the wage violation, but you must also take steps to protect your immigration status. If your employer has stopped paying you and is not maintaining compliance, you should take the following actions promptly.
Find a new H-1B employer. Begin looking for a new employer willing to file an H-1B transfer petition on your behalf. An H-1B transfer can be filed while you are still employed (or even after employment has ended, as long as you have maintained valid status or are within the 60-day grace period). You can begin working for the new employer once USCIS receives the transfer petition.
Consider a change of status. If you cannot find a new H-1B employer quickly, consider whether a change of status to B-1/B-2 (visitor) or F-1 (student) is appropriate for your situation. File a timely application before your current authorized stay expires. Be mindful that a change to B or F status means you cannot work, but it allows you to remain in the US legally while you explore your options.
Document everything. Maintain a contemporaneous record of all communications with your employer regarding non-payment, work location, and any threats or retaliation. Save emails, text messages, and written correspondence. This documentation supports both your WHD complaint and any future immigration filings.
Use the WHD complaint as evidence. When you file an H-1B transfer, extension, or change-of-status application and the new attorney or the USCIS asks why you do not have pay stubs, the WHD complaint filing and its receipt serve as evidence of your good faith and your employer's non-compliance. This demonstrates that you did not acquiesce to the violation but took affirmative steps to address it.
DOL's Project Firewall: Enhanced Enforcement
In September 2025, the Department of Labor announced "Project Firewall," a new initiative to strengthen enforcement of the H-1B program. For the first time, the Secretary of Labor will personally certify the initiation of investigations where there is "reasonable cause" to believe an employer is non-compliant. The DOL is also coordinating with the Department of Justice, the EEOC, and USCIS to share information and refer cases.
Project Firewall signals an aggressive enforcement posture. Employers found in violation face back wage liability, civil money penalties, and debarment from the H-1B program. For H-1B workers, this means the government is more receptive than ever to complaints and more willing to act on them.
Employer Defenses That Will Not Work
Employers commonly attempt to justify non-payment or LCA violations with various excuses. None of these are valid defenses under the law.
"Our bank accounts are frozen due to a loan default." The employer's financial difficulties do not excuse its obligation to pay the LCA wage. The employer assumed this obligation when it filed the LCA and the H-1B petition.
"The end client has not paid us." The employer's contractual disputes with its clients have no bearing on its obligation to the H-1B worker. The LCA is between the employer and the Department of Labor. The worker is not a party to the employer-client relationship.
"We did not know we needed to amend the LCA for the new location." Ignorance of the law is not a defense. The regulations are clear. The USCIS itself has noted that an employer's "ignorance of the INA's requirements or contention that non-compliance was due to an attorney or an employee will not excuse non-compliance."
"We will pay you once the business improves." Deferred payment is not payment. The LCA requires timely payment of wages. Promising to pay in the future does not satisfy the obligation that has already accrued.
Contact Information and Official Resources
| Resource | Contact / Link |
|---|---|
| WHD Complaint Hotline | 1-866-4USWAGE (1-866-487-9243) |
| Form WH-4 (H-1B Complaint Form) | https://www.dol.gov/agencies/whd/forms/wh4 |
| Find Your Nearest WHD Office | https://www.dol.gov/agencies/whd/contact/local-offices |
| WHD Online Complaint Filing | https://www.dol.gov/agencies/whd/contact/complaints |
| DOL Fact Sheet #62U (H-1B Enforcement) | https://www.dol.gov/agencies/whd/fact-sheets/62u-h1b-enforcement-author… |
| USCIS Report Fraud/Abuse (Online Tip Form) | https://www.uscis.gov/report-fraud/uscis-tip-form |
| USCIS Combating H-1B Fraud and Abuse | https://www.uscis.gov/scams-fraud-and-misconduct/report-fraud/combating… |
| USCIS Report Labor Abuses | https://www.uscis.gov/working-in-the-united-states/information-for-empl… |
| DOJ Immigrant and Employee Rights Section | 1-800-255-7688; https://www.justice.gov/crt/reporting-unfair-visa-related-employment-pr… |
| ICE HSI Tip Form (Employer Fraud) | https://www.ice.gov/webform/hsi-tip-form |
| H-1B Enforcement Regulations | 20 CFR Part 655, Subparts H and I |
Summary: A Quick-Reference Checklist
| Action | Status |
|---|---|
| Document all non-payment dates, amounts owed, and communications with employer | ☐ |
| Download and complete Form WH-4 from DOL website | ☐ |
| Submit Form WH-4 with supporting documents to nearest WHD office | ☐ |
| File USCIS Tip Form online if fraud or abuse is suspected | ☐ |
| Begin searching for new H-1B sponsor employer | ☐ |
| Consult an immigration attorney about H-1B transfer or change of status | ☐ |
| Preserve all evidence (emails, texts, bank statements, contracts) | ☐ |
| Use WHD complaint filing as evidence of good faith in future immigration filings | ☐ |
| Be mindful of the 12-month filing deadline for WHD complaints | ☐ |
| Cooperate promptly with any WHD investigation | ☐ |
Do remember and let other colleagues and friends know, if your H-1B employer is not paying you, has placed you at a work location not listed on the LCA, or is otherwise violating the terms of your H-1B employment, file a WHD complaint. It costs nothing. It is confidential. You are protected by federal whistleblower laws. And it creates a documented record of your good faith that can be invaluable in every future immigration filing. Do not suffer in silence. The law is on your side. Use it.